general average
Quick Summary
In maritime law, general average refers to a loss that is shared proportionally by all parties involved in a maritime venture. This occurs when a voluntary sacrifice of part of a ship or its cargo is made to save the remainder from destruction, or when extraordinary expenses are incurred to protect the interests involved due to a common risk.12
For example, if cargo is thrown overboard during a storm to save the ship and the rest of the cargo, the owners of the saved property must contribute to the owner of the sacrificed cargo. This principle has ancient roots in Roman law and is recognized internationally. General average is distinct from particular average, which is a loss borne solely by the owner of the damaged property, unless they are insured. Marine insurance policies often include a general average clause, obligating insurers to share these costs.13
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A general average is one that is borne in common by the owners of all the property engaged in the venture.
Read MoreA general average is one that is borne in common by the owners of all the property engaged in the venture.
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maritime lawHistorical development…the basic law of “general average,” which the Digest attributes to the Rhodians. “Average” here means any loss sustained by a vessel or its cargo. When one segment of a maritime venture is sacrificed to save the others, the average is described as general, and the owners of the…
Read More…the basic law of “general average,” which the Digest attributes to the Rhodians. “Average” here means any loss sustained by a vessel or its cargo. When one segment of a maritime venture is sacrificed to save the others, the average is described as general, and the owners of the…
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maritime lawSalvage and general averageGeneral average (defined at the beginning of this article) is a principle still universally accepted, although there is some agitation for its abolition, principally because the accounting and other expenses incurred in administering a general average are often quite out of proportion to the amounts…
Read MoreGeneral average (defined at the beginning of this article) is a principle still universally accepted, although there is some agitation for its abolition, principally because the accounting and other expenses incurred in administering a general average are often quite out of proportion to the amounts…
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